Abolition of Investigative Command Over Special Judicial Police; "Guidance and Advice" Introduced, Joint Investigation Teams for Major Cases

Supplementary Investigations or Corrective Actions May Be Requested for Noncompliance
Prosecution Offices to Designate Specialized Departments for Joint Response

Starting in October, the current system in which prosecutors have investigative command authority over special judicial police officers will be abolished. Instead, a new framework of mutual cooperation will be established based on "guidance and advice." In major cases, investigative agencies will form joint investigation teams, while prosecution offices will designate specialized departments or prosecutors to work together in response.

Ministry of Justice Building. Courtesy of the Ministry of Justice

On August 28, the Ministry of Justice announced that it would begin soliciting public comments on proposed amendments to the relevant investigative guidelines and on a new set of regulations concerning mutual cooperation between prosecutors and special judicial police officers, with the comment period running until September 4.

According to the draft regulation, special judicial police officers must, in principle, respect the guidance and advice of prosecutors and reflect it in their investigations. If they fail to comply without a legitimate reason, prosecutors may request supplementary investigations or corrective actions. Conversely, if there is a legitimate reason for noncompliance, it must be stated in a written opinion and recorded in the case file.

However, unlike the previous system of investigative command, prosecutors will no longer have binding authority to directly order individual investigations. This has prompted concerns about potential limitations in preventing poor-quality investigations or the concealing of cases. The ambiguity regarding the scope of "legitimate reasons" for noncompliance has also emerged as a point of contention.

The proposed amendments to the investigative guidelines also stipulate that a joint investigation team must be formed for major cases and that prosecution offices must designate specialized departments or prosecutors. This collaborative model is intended to replace the previous joint investigation headquarters established between prosecutors and the police, following the abolition of prosecutors' direct investigation rights.

Additionally, for cases where the statute of limitations will expire within six months, prosecutors and police are required to cooperate. Major areas for cooperation also include crimes against social minorities such as sexual violence, child abuse, and stalking, as well as crimes involving finance, securities, fair trade, and technology leaks.

The new and amended regulations have been drafted to align with revisions to the Criminal Procedure Act, which will take effect on October 2. The Ministry of Justice plans to finalize the regulations after collecting public feedback.

This content was produced with the assistance of AI translation services.